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02-23-15 CC Reg Mtg MinCITY OF SHORE WOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, FEBRUARY 23, 2015 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING Mayor Zerby called the meeting to order at 7:00 P.M. A. Roll Call Present. Mayor Zerby; Councilmembers Labadie, Siakel, and Sundberg; Attorney Keane; City Administrator Joynes; City Clerk Panchyshyn; Finance Director DeJong; Planning Director Nielsen; and City Engineer Hornby Absent: Councilmember Woodruff. B. Review Agenda Mayor Zerby noted that staff has asked that Item 3.D be removed from the agenda. Sundberg moved, Siakel seconded, approving the agenda as amended. Motion passed 410. 2. APPROVAL OF MINUTES A. City Council Retreat Minutes, January 29, 2015 Siakel moved, Sundberg seconded, Approving the City Council Retreat Minutes of January 29, 2015, as presented. Motion passed 410. B. City Council Special Meeting Minutes, February 9, 2015 Siakel moved, Labadie seconded, Approving the City Council Special Meeting Minutes of February 9, 2015, as presented. Motion passed 410. C. City Council Regular Meeting Minutes, February 9, 2015 Siakel moved, Sundberg seconded, Approving the City Council Regular Meeting Minutes of February 9, 2015, as presented. Motion passed 410. 3. CONSENT AGENDA Mayor Zerby reviewed the items on the Consent Agenda. Sundberg moved, Siakel seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolution Therein. A. Approval of the Verified Claims List CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 23, 2015 Page 2 of 9 B. Authorizing the Agreement for Secure Document Shredding Services C. Adopting RESOLU'T'ION NO 15 -015, "A Resolution Making the Appointment of Tad Shaw as the City's Representative to the Minnetonka Community Education Advisory Board for 2015." D. Accept Proposal for Professional Services for the Shorewood Lane Ravine Stabilization Project (This item was removed from the agenda at staff's request.) E. Approval of the Crescent Beach Lifeguard Services Agreement with the Minnetonka School District Councilmember Sundberg stated that the hours for lifeguard services at Crescent Beach are for noon to 5:00 P.M. She asked if that is enough coverage. Councilmember Labadie stated for 2015 the services will be provided from June b to August 9 seven days per week. The first day of summer vacation is June 9 and children don't return to school until September S. Therefore, it is likely that students will still swim at the beach between August 9 and September 7. Clerk. Panchyshyn stated she is not sure how the service dates were selected. She thought they are similar to the 2014 dates. The hours were established based on usage. She noted that staff will check to see if the services can be provided longer into August or even into September. Councilmember Siakel stated that the end date may somewhat be influenced by college start dates; a lot of the lifeguards are college students. Motion passed 410. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. PUBLIC HEARING 6. REPORTS AND PRESENTATIONS 7. PARKS 8. PLANNING A. Approval of a Conditional Use Permit for Accessory Space Over 1200 Square Feet Applicant: Don and Loretta Mann Location: 25880 Birch Bluff Road Director Nielsen explained the Manns, 25880 Birch Bluff Road, propose to build a single - story, three -car detached garage to the south of their existing house. Because the area of the new garage when combined with an existing attached garage on the property exceeds 1200 square feet (it will be 1399 square feet) a conditional use permit (C.U.P.) is required. Per the City's ordinance the attached garage is also included as accessory space. He noted the Planning Commission held a public hearing on this request during its February 3, 2015, meeting. 14141943my Is Eel. X01111416301614 Kola # 1116 kKals31hN1I slur IN Dom I1210ur1NXIS February 23, 2015 Page 3 of 9 Nielsen reviewed how the applicants' request complies with the four criteria in Section 1201.03 Subd. 2.d.(4) of the City's Zoning Code for granting this type of C.U.P. a. The total area of accessory buildings (1399 square feet), which includes the attached garage, does not exceed the floor area {3172 square feet — main floor) above grade of the existing home. b. The total area of accessory buildings does not exceed 10 percent of the minimum lot size for the R -1C /S zoning district (.10 x 20,000 = 2000 square feet). c. The proposed garage complies with R -I CIS setback requirements. The proposed hardcover for the site will be 31.27 percent, down from the existing 32.4 percent. The reduction will be achieved by removing the existing very nonconforming shed and reconfiguring the driveway. While this is greater than the maximum allowed in the "S ", Shoreland overlay district, the City's policy in such cases is to allow improvements /additions where hardcover is actually being reduced. d. The architectural character of the new building will be the same as the existing house. Siding and roofing will match the house. He explained that the owner of an adjoining property came to the public hearing and expressed some concern about his view of the back of the new building. Per the Planning Commission's request, the Manns have submitted a landscape sketch to the City showing indicating five or six arborvitae will be planted to soften that view. Nielsen noted that there were a couple of staff changes to the conditions listed in the staff report that the Planning Commission noted in its recommendation that should be included in Council's motion. They are to specify that the existing shed must be removed by August 31, 2015, and that the reconfigured driveway be graded and class 5 rock be put down by the middle of October 2015. Nielsen noted that Donald Mann was present. Mayor Zerby noted that what is being proposed fits well with the house and the neighborhood. He expressed appreciation for the M.anns being sensitive to their neighbor's concern. Sundberg moved, Labadie seconded, Adopting RESOLUTION NO. 15 -0161 "A Resolution Granting a Conditional Use Permit for Accessory Space Over 1200 Square Feet for Don and Loretta Mann, 25880 Birch Bluff Road ", subject to the existing shed being removed by August 31, 2015 and the reconfigured driveway being graded and class 5 rock driveway put down by the middle of October 2015. Motion passed 410. B. Approval of Setback Variances Applicant: Nick Bender Location: 5765 Eureka Road Director Nielsen explained Nick Bender, 5765 Eureka Road, has requested setback variances to replace the existing garage on the south side of his house with a detached two -car garage on the north side of his house. The property is zoned R -1A, Single - Family Residential and contains 12,020 square feet of area. That is quite substandard. for the R -1 A District which has a 40,000 square foot requirement. The lot is quite shallow. The front yard setback and rear yard setback actually overlap. Mr. Bender is able to take CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 23, 2015 Page 4 of 9 advantage of an average setback line for the two properties on each side. But, even with that the property has less than 10 feet of buildable depth. The lot is virtually unbuildable without some type of variance. Mr. Bender will remove the existing dilapidated garage and the existing driveway and put in a new driveway to a two -car garage on the north side of the property. The new garage will be about 10 feet from the rear property line. That requires a 40 -foot variance; the rear yard setback is 50 feet, That would be consistent with a variance granted for the property to the south. The location of the new garage will create a little more open space on the front of the property along Eureka Road. The new deck will located somewhat further back from the rear lot line than the existing deck although it will still not comply. Nielsen noted the Planning Commission held a public hearing on this during its February 3, 2015, meeting and unanimously recommended approval of the variances. Councilmember Sundberg asked if any neighbors came to comment on the request. Councilmember Labadie stated a property owner came and expressed his support of what is being proposed and thought it would be an improvement. Mayor Zerby asked if what is being proposed will exacerbate the existing drainage issues. Director Nielsen stated it will not adversely affect drainage. Zerby stated that the aerial photographs show a lot of trees on the property and he assumes some will have to be removed. Nielsen stated it is likely some will have to be removed and the City's ordinance allows for that. In response to a comment from Zerby, Nielsen stated where the existing driveway connects to Eureka Road it will be restored to grass. Labadie moved, Siakel seconded, Adopting RESOLUTION NO. 15- 017, "A Resolution Approving Setback Variances for Nick Bender, 5755 Eureka Road ". Motion passed 4/0. 9. ENGINEERING /PUBLIC WORKS A. Receiving Feasibility Report for Boulder Bridge Pond Outlet Project Engineer Hornby explained that Council had asked to have the 2005 Boulder Bridge Pond Feasibility Report updated. Information that was not necessary was removed from the report and the costs were updated to reflect 2015 costs. The project is located just west of Howard's Point Road off of Boulder Bridge Lane. Most of the Pond is located within an easement. The Pond was designed as an infiltration basin. Over the years it has become somewhat clogged and is therefore not infiltrating as quickly as it used to. When the level of water in the Pond rises Public Works personnel uses a temporary pumping system to pump the water down to the storm sewer at Smithtown Road. The costs for the three options identified for addressing the issue in the 2005 Report were updated. Option 1 is a gravity storm sewer system extending from the Pond down to existing storm sewer located within Smithtown Road which ultimately carries the stormwater out of the existing sub - watershed Option 2 is a gravity storm sewer system extending from the Pond across Howard's Point Road through private property across Brentridge Drive and on to the wetland east of Brentridge Drive. Today the overflow would naturally cross Brentridge Drive. Option 2 keeps the stormwater within the sub - watershed. Option 3 provides for a lift station as an outlet from the fond through a small forcemain to the existing storm sewer at the intersection of Boulder Bridge Road and Boulder Bridge Lane. That storm sewer drains across and into Lake Minnetonka. Option 3 maintenance costs would be higher. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 23, 2015 Page S of 9 From an engineering perspective Option 1 is recommended in part because of cost. Also, it is a gravity storm sewer system which would require the same type of maintenance as any storm pipe would. The water discharge from the Pond should be relatively clean because it is a water quality pond. He noted that benefiting properties are considered to be those that drain in whole or in part into the Pond. He also noted that Boulder Bridge Lane and part of Howard's Point Road drain into the Pond. Therefore, if the cost of this project were to be assessed the City would assess itself for part of the cost. He explained that the estimated costs for Option 1 ($193,740) and for Option 2 ($194,870) are relatively close. The cost for Option 3 {$239,250} is quite a bit more expensive in part because of the lift station. For Option 1 the improvement would be on benefiting properties. For Option 2 the improvement would also run through neighborhoods that would not necessarily benefit from the improvement. Hornby noted that tonight Council is being asked to receive the Feasibility Report. He stated the next step would be to select one of the three Options or perhaps. another option. There is potential for assessing for all or part of the cost of the improvement if the benefiting property owners petition for it. There is one property owner who brought this issue to Council's attention. He has not been contacted by any other property owner about this issue and he does not think Public Works has been either. This project could possibly be addressed through a petition. Or, Council could just order the project. Assessing for the improvement could be discussed during the April 9 Council and staff retreat. Per parcel assessment amounts in the Feasibility Report are based on parcel acreage and an acreage rate. Administrator Joynes recapped that this evening Council is being asked to receive the Feasibility Report and to direct staff to speak with the interested property owner that brought the issue to the City's attention about petitioning for the project. Assessing for improvements in general will be discussed during the April 9 retreat as part of the funding alternatives discussion. Mayor Zerby stated stormwater management in the neighborhood around Boulder Bridge Pond has been an issue for a number of years. He has heard from property owners in the area about the drainage issue, and from those on the east side of Howard's Point Road about noise from the temporary pumping system. He then stated he looks forward to the discussion about sharing the cost of the improvement with the benefitting property owners. Councilmember Siakel stated she thought residents from the Boulder Bridge development and the Homeowners Association came before Council to discuss stormwater management issues. Engineer Hornby stated it is his recollection that one property owner brought this to Council's attention. Administrator Joynes noted that staff met with the individual after that meeting. Hornby noted that he let that individual know via email that this was going to be discussed tonight and he will let that person know what the next steps are. Mayor Zerby commented that he found the pictures from 1937 through now interesting. They illustrate how that area has changed and the impact development has had. He stated he thought the report was well done. Siakel moved, Sundberg seconded, Adopting RESOLUTION NO. 15 -0181 "A Resolution Receiving Feasibility Report for Boulder Bridge Pond Outlet Improvements, City Project 14 -14." Motion passed 410. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 23, 2015 Page 6 of 9 IO. GENERAL. /NEW BUSINESS A. Accepting a Donation of 'frees from Charles and Mary Babcock Administrator Joynes stated that Mary and Charles Babcock have offered to purchase 18 trees to be primarily planted within Manor Park and along Excelsior Boulevard near Highway 7. The trees would be purchased through the City's annual tree purchasing program for a value of more than $ 1,000. The Babcocks have been working with Director Brown about the placement of the trees. Staff recommends Council accept the donation. Mayor Zerby noted that is a very generous donation. He stated the trees would help with having a diverse tree types in Manor Park. Siakel moved, Labadie Seconded, accepting a donation of 18 trees to be planted. in Manor Park and along Excelsior Boulevard from Mary and Charles Babcock, 20465 Manor Road. Motion passed 4/0. B. Consideration of Support for Legislation Establishing an Early Voting Process Clerk Panchyshyn explained that a bill that would establish early voting in Minnesota is making its way through the State Legislature. There currently is a process for absentee voting which involves the voter placing their ballot into a series of envelopes. That can be done up to 45 days before the election. The voter has to get their signature and a witness signature on the envelope, The absentee ballot is processed by election officials prior to Election Day. Occasionally ballots need to be rejected due to the envelopes not being completed properly by the voter and witness. It is her understanding that early voting would take place for a two week period of time before the election. Early voting would involve voters coming into, for example, City Hall to vote and then placing their ballot into the ballot counter. That process would reduce errors because if the voter made an error on their ballot, they could request a new ballot. There would also be a cost savings in having fewer absentee ballot envelopes to process. Panchyshyn noted she thought it would be a good service to offer voters. She also noted that a representative from the League of Minnesota Cities called her last week and asked for Council's support of the bill. Sundberg moved, Siakel seconded, Adopting RESOUTION NO. 15- 019, "A Resolution in Support of Legislation Establishing an Early Voting Process for Voters in Minnesota." Motion passed 410. C. Ratifying the Minnetonka Country Club Planning Advisory Committee (PAC) Members Mayor Zerby noted that this evening Council was provided with an updated list of names for consideration on the Minnetonka Country Club (MCC) redevelopment project Planning Advisory Committee (PAC). Director Nielsen explained for its February 9, 2015, meeting, Council was provided with a compiled list of names submitted by Council for consideration on the PAC. Council decided to invite all candidates to participate. The list included in the meeting packet includes those individuals who accepted the invitation. Three more names (Linda Halcon, Bob Edmondson and George Hipp) were added to the list of CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 23, 2015 Page 7 of 9 responders to the invitation. Those individuals were asked to submit their names through Mayor Zerby. Today two more people {Ed Hasek and Roxanne Mal-tin) came to City Hall and asked to be considered for the PAC; they did not come through a member of Council. Mayor Zerby stated he thought there is a good representation of people from across the City. He recognized a lot of the names on the list. It is his understanding that the planning consultant can deal with large groups such as this. Councilmember Sundberg stated there are a lot of individuals' names on the list that she does not know much about. She asked Mayor Zerby if he is comfortable that the representation is not lopsided in some way. Zerby stated he does not know how to assess that and that he has only heard positive comments from people. Councilmember Siakel stated she does not know a lot about some of the people on the list but she does know some of them,. Those she does know plus the members of the Planning Commission are a good mix of people. She believes they can contributive in a positive way and help keep things moving forward. She thought it prudent to get the planning process started. Councilmember Labadie expressed some concern that the majority of the individuals oil the list live on the west side of the City. Yet, that is where the redevelopment is occurring. There are two residents that live on the cast side of the City. She noted she is happy with the list of names. Labadie moved, Siakel seconded, ratifying the list of names provided just prior to the meeting for inclusion on the Minnetonka Country Club Planning Advisory Committee. Motion passed 410. D. Making Appointments to the Park Commission Administrator Joynes stated staff is recommending Council reappoint Park Commissioner Justin Mangold to the Park Commission for a three -year term (March 1, 2015 — February 28, 2018). Mangold has expressed interest in continuing. Park Commissioner Jeff Ische is somewhat reluctant to seek reappointment because of time and family commitments. But, he is willing to continue on until his replacement can be found. His reappointment would be for up to three months (March 1, 2015 -- May 31, 2015). Mayor Zerby encouraged residents to consider applying for the Planning Commission. Siakel moved, Sundberg seconded, Adopting RESOLUTION NO 15-020 "A Resolution Making the Appointments of Justin Mangold (March 1, 2015 - February 28, 2018) and Jeff Isehe (March 1, 2015 — up to May 31, 2015) to the City of Shorewood Park Commission." Motion passed 410. 11. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. Trail Schedule Mayor Zerby noted the meeting packet contains a copy of the Trail Schedule. Engineer Honiby stated the right -of -way kickoff meeting for the Smithtown Road East Sidewalk Extension Project was held last week. He explained that the first week of September will be when all of CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 23, 2015 Page 8 of 9 the land will be available for construction if the City has to go through an eminent domain process for some parcels. For the west portion of the sidewalk the City successfully negotiated easements with the property owners. Hornby then explained that he and Director Nielsen met with representatives from the Minnehaha Creek Watershed District (MCWD) earlier in the day to bring them up to date about the Smithtown Road East Sidewalk Extension Project and the Galpin Lake Road Walkway Project. 2. Alternative Energy Update Engineer Homby noted there will be a kickoff meeting for the Alternative Energy Study on February 26, 2015. He explained he is working through the contract with the vendor. Council chose CR Planning as the vendor of choice for the Study. CR Planning has merged with Great Plains Institute for Sustainable Development (a non - profit organization). Brian Ross, the Principal /Owner of CR Planning, believes the non - profit status of the new company is more in line with what he wants to do going forward. The contract is written with Great Plains institute for Sustainable Development. He clarified the City will have the same representation that was specified in CR Planning's proposal. Councilmember Sundberg noted that she is very familiar with Great Plains and she finds the merger to be a plus. Sundberg asked what will be discussed during the kickoff meeting. Engineer Horzaby stated the scope of work will be discussed and staff has to provide the vendor some information. Sundberg stated she would like to sit in and listen during the meeting. Hornby did not recommend doing that because it may keep people from speaking freely. Sundberg concurred. Other Director DeJong stated he is working on 2014 audit preparation activities with the City's auditor DeJong explained more than 50 customers used the credit card system to pay their recent utility bills; about 30 were one -time payments and about 20 were for monthly auto pay. There have been communications issues between the credit card processor's and Shorewood's systems. It appears there may be some internet speed issues with the City's connection. He is working with Warner Connect to see if the speed can be increased. DeJong stated he is working on the pay equity compliance report. DeJong noted he been invited to attend a meeting about the League of Minnesota Cities' technology and website on February 26. Mayor Zerby suggested the Technology Committee meet. He is aware the City's server is being taxed and that its band width is not very fast. Administrator Joynes noted that the next Council and staff retreat is scheduled for the morning of April 9. The focus will be on funding options for a lot of the capital projects. Joynes thanked those Councilmembers who provided feedback on their daytime availability through June 2015. Councilmember Siakel asked if people can update what they have submitted. Joynes asked Councilmember Sundberg and Attorney Keane to provide their information. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 23, 2015 Page 9 of 9 3oynes noted that he, Attorney Keane and Director Nielsen will attend the kickoff Minnetonka Country Club (MCC) redevelopment project Planning; Advisory Committee (PAC) meeting on February 24. Keane will discuss open meeting compliance. Attorney Keane explained staff met with the City Engineer and right -of -way (ROW) representatives about the Smithtown Road east sidewalk extension. A. definitive schedule has been mapped out. The first offers will be presented late April. During; its March 23 meeting Council will be asked to adopt a resolution of findings and establishing public purpose. The schedule meets the requirements to acquire the easements by sale and negotiation and it allows time to proceed with the process of eminent domain if needed. R. Mayor and City Council Councilmember Sundberg noted that Mayor Zerby helped organize the Sizzle for a Cause event and from what she understands it was a great success. Zerby noted the event raised. about $12,000 for the ICA Food Shelf. 12. ADJOURN Sundberg moved, Siakel seconded, Adjourning the City Council Regular Meeting of February 23, 2025, at 7:50 P.M. Motion passed 410. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder ATTEST: � y -c Zerby, M yor .lean Panchyshyn, City Cler